Grinnell v. Spink
Massachusetts Supreme Judicial Court
Contbact upon an account annexed for work and materials. Answer; 1. A general denial. 2. Payment. At the trial in the Superior Court, before Pitman, J., without a jury, the plaintiff put in evidence tending to show that he performed labor and furnished materials for the defendant on the latter’s house, to the value of $142.43; and that, at the time he rendered his bill for said amount, the defendant disputed the amount, and refused to pay the bill.
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Contbact upon an account annexed for work and materials. Answer; 1. A general denial. 2. Payment. At the trial in the Superior Court, before Pitman, J., without a jury, the plaintiff put in evidence tending to show that he performed labor and furnished materials for the defendant on the latter’s house, to the value of $142.43; and that, at the time he rendered his bill for said amount, the defendant disputed the amount, and refused to pay the bill. It also appeared that subsequently, and before any payment was made, the plaintiff and the defendant again looked over the bill, and the defendant…
1Opinion of the CourtGray, C. J.
The receipt, not being under seal, did not operate as a technical release, and was not of itself conclusive evidence of payment; and there being conflicting testimony upon the question whether the sum paid was the whole amount originally due to the plaintiff, the payment of that sum would not as matter of law operate as a discharge, unless it was received in accord and satisfaction of a disputed claim. Tuttle v. Tuttle, 12 Met. 551. Harriman v. Harriman, 12 Gray, 341. The judge, before whom the case was tried without a jury, found as matter of fact that there was no payment, and rightly ruled…
2Cited by22 opinions
- Mark v. Stuart-Howland Co.Massachusetts Supreme Judicial Court · 1917
- Rosenblatt v. Holstein Rubber Co.Massachusetts Supreme Judicial Court · 1933
- Hunt v. BrownMassachusetts Supreme Judicial Court · 1888
- Corrigan v. PayneMassachusetts Supreme Judicial Court · 1942
- McKay v. MyersMassachusetts Supreme Judicial Court · 1897
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